In December 2014, the Department of Justice (DOJ) released a policy statement regarding enforcement of marijuana laws in Indian Country. While some media have reported the Department’s statement as carte blanche for tribes to legalize marijuana, the policy statement raises more questions than it answers, posing uncertainty and challenges—as well as opportunities—for tribes.

The Pinoleville Pomo Nation plans to break ground on a $10 million, 100,000-square-foot marijuana greenhouse just outside of Ukiah, Calif. The project will be the first of its kind on tribal lands in California and comes on the heels of the DOJ’s widely reported memorandum regarding the cultivation, sale, possession, and use of marijuana on tribal lands. The 2014 memorandum is the latest development in the DOJ’s evolving policy regarding marijuana prosecutions and has drawn the interest of tribes and investors looking to capitalize in a rapidly growing, but risky industry.